Loading...
HomeMy WebLinkAboutPC 2008-06PLANNING COMMISSION RESOLUTION NO. 2008-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 140. 2007-16, DEVELOPMENT REVIEW NO. 2007-37, AND VARIANCE IJO. 2007-08, A REQUEST TO CO -LOCATE A WIRELESS TELECOMMUNICATIONS FACILITY AT PANTERA PARK, 738 PANTERA DRIVE (APN: 8701-006-901), DIAMOND BAR, CA A. RECITALS The property owner, City of Diamond Bar and applicant, T -Mobile have filed an application for Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 and categorical exemption for a telecommunication facilityto be located at Pantera Park, 738 Pantera Drive, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and categorical exemption shall be referred to as the "Application." 2 Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site and public notices were posted at the City's designated community posting sites. Furthermore, the project site was posted with a display board. 3. On February 12, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Section 15303 (d) of the CEQA Guidelines. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. CONDITIONAL USE PERMIT (1) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); Wireless telecommunication facilities are allowed in the RPD - 20,000 zoning district in public parks with an approval of a Conditional Use Permit for a co -location wireless telecommunication facility. The proposed project meets this criterion; hence, a Conditional Use Permit approval. Additionally, the proposed project complies with other applicable provisions of the Development Code and Municipal Code. (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; The proposed project consist of the installation of a wireless telecommunication facility consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistent with homes in the neighborhood and the existing structures in Pantera Park. The antennas will be mounted on a functioning field light pole to eliminate the need for a dedicated antenna support structure. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General 2 Planning Commission Resolution No. 2008-06 Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The proposed wireless telecommunication facility's location is consistent with the City' Telecommunication Facility Opportunities Map, which identifies public parks as a location for this type of use. The antenna is designed to be integrated into a functioning field lighting pole. The ground equipment will be housed in a structure and the building's colors and materials will compliment the existing structures in Pantera Park. On November 27, 2007, Planning Commission approved Conditional Use Permit No. 2007-02 and Development Review No. 2007-02 to install and operate a wireless telecommunication facility. The proposed facility is unmanned and operates 24 hours a day, seven days a week, with monthly routine maintenance. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As referenced above in items A(1) through A(3), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (5) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; 3 Planning Commission Resolution No. 2008-06 Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. b. DEVELOPMENT REVIEW (1) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); As discussed above in items a.(1) and a.(4), the design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; As discussed above in items a. (1) through a(4), the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; As discussed above in items a.(1) through a.(4), the architectural design of the proposed development is compatible with the characteristics of the surrounding 4 Planning Commission Resolution No. 2008-06 neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As discussed above in Items a.(1) through a.(4), the design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. (5) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; As discussed above in Items a.(1) through a.(4) and prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Community Services Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (1) through (i) the proposed project will not have a negative affect on property values or in the vicinity. C. WIRELESS FACILITIES (1) Environmental integration. The extent to which the proposed facility blends into the surrounding environment and is architecturally integrated into a concealing structure, taking into consideration alternative sites that are available. The proposed project integrates the antennas onto a functioning field light so as to blend in well with the existing sports field lighting in the park. The proposed design for the park site is the least intrusive on the community values as 5 Planning Commission Resolution No. 2008-06 prescribed by the General Plan and Diamond Bar Development Code. (2) Screening. The extent to which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. Camouflaging is provided by integrating the antennas into a sports field lighting pole support and through constructing an equipment enclosure that is designed to match the existing structures in the park. (3) Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed telecommunication facility components (i.e., the equipment building and field light pole -mounted antenna array) are appropriate in size and scale to their context and setting. (4) Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The proposed telecommunication facility is approximately 200 feet from the nearest residences. (5) Access. Proposed ingress to and egress from the site of the proposed facility. The proposed project will have access from the park. (6) Location. The location of the proposed facility and the extent to which it conforms to the following in order of preferences — co -location or located at a pre -approved location, attached to existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. The telecommunications antennas are proposed to be attached to sports field lighting already existing in the park. The light pole will be able to accommodate co -location by future wireless telecommunications providers. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 6 Planning Commission Resolution No. 2008-06 i01 General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled and referenced herein as Exhibit "A" dated February 12, 2008, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development ReviewNariance shall be subject to period review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (4) When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. Planning Division (1) Applicant shall ensure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the antenna array. (3) No additional lighting shall be installed on the wireless antennas or associated equipment. (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 24 hours. In the event that the applicant does not remove all graffiti from the said structure, the city will remove all graffiti and shall be reimbursed for all expenses. (5) The applicant shall submit a check in the amount of $50 payable to the Los Angeles County Recorder's Office, within five days of project approval, for the filing a Notice of Exemption. 7 Planning Commission Resolution No. 2008-06 (6) The applicant must consent to the future co -location of facilities on the light pole and in the equipment building unless technical considerations preclude that co -location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. (8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months (9) Prior to the issuance of any City Permits, a final landscape plan shall be submitted for City's review and approval. (10) To ensure minimal visibility and reduce the chances of graffiti of the equipment building, 5 gallon size shrubs at 3 feet on center is subject to Community Development Department and Community Services Department review and approval. (11) All cables and wiring for the telecommunication facility shall be underground. (12) All material and colors used for the equipment building shall match the existing structures located in Pantera Park. C. Building and Safety Division (1) Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Omnipoint Communications Inc, 3257 E. Guasti Road, Suite 200, Ontario, CA 91761 8 Planning Commission Resolution No. 2008-06 APPROVED AND ADOPTED THIS 12th DAY OF FEBRUARY 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. C Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of February 2008, by the following vote: AYES: Commissioners: vC/Torng, Lee, Nolan, Shah, Chair/Nelson 6NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Nanc n , Sec t ry 9 Conditional Use Permit No. 2007-16 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No 2007-16, Development Review No. 2007-37 and Variance No. 2007-08 SUBJECT: Wireless Telecommunications Facility APPLICANT: Onmipoint Communications Inc. LOCATION: Pantera Park, 738 Pantera Drive Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 10 Planning Commission Resolution No. 2008-06 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008-06, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11 Planning Commission Resolution No. 2008-06 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property ownerloccupant. 12 Planning Commission Resolution No. 2008-06 F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 15f and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and/or construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of- way. 2. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 13 Planning Commission Resolution No. 2008-06 3. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 4. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 5. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainagelrunoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. All retaining walls shall be submitted to the Building & Safety Division and Public Work Department for review and approval. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 14 Planning Commission Resolution No. 2008-06 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END 15 Planning Commission Resolution No. 2008-06 PLANNING COMMISSION RESOLUTION NO. 2008-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-16, DEVELOPMENT REVIEW NO. 2007-37, AND VARIANCE NO. 2007-08, A REQUEST TO CO -LOCATE A WIRELESS TELECOMMUNICATIONS FACILITY AT PANTERA PARK, 738 PANTERA DRIVE (APN: 8701-006-901), DIAMOND BAR, CA A. RECITALS The property owner, City of Diamond Bar and applicant, T -Mobile have filed an application for Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 and categorical exemption for a telecommunication facility to be located at Pantera Park, 738 Pantera Drive, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and categorical exemption shall be referred to as the "Application." 2 Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site and public notices were posted at the City's designated community posting sites. Furthermore, the project site was posted with a display board. 3. On February 12, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Section 15303 (d) of the CEQA Guidelines. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. CONDITIONAL USE PERMIT (1) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); Wireless telecommunication facilities are allowed in the RPD - 20,000 zoning district in public parks with an approval of a Conditional Use Permit for a co -location wireless telecommunication facility. The proposed project meets this criterion; hence, a Conditional Use Permit approval. Additionally, the proposed project complies with other applicable provisions of the Development Code and Municipal Code. (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; The proposed project consist of the installation of a wireless telecommunication facility consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistent with homes in the neighborhood and the existing structures in Pantera Park. The antennas will be mounted on a functioning field light pole to eliminate the need for a dedicated antenna support structure. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General 2 Planning Commission Resolution No. 2008-06 Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The proposed wireless telecommunication facility's location is consistent with the City' Telecommunication Facility Opportunities Map, which identifies public parks as a location for this type of use. The antenna is designed to be integrated into a functioning field lighting pole. The ground equipment will be housed in a structure and the building's colors and materials will compliment the existing structures in Pantera Pa rk. On November 27, 2007, Planning Commission approved Conditional Use Permit No. 2007-02 and Development Review No. 2007-02 to install and operate a wireless telecommunication facility. The proposed facility is unmanned and operates 24 hours a day, seven days a week, with monthly routine maintenance. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; (5) As referenced above in items A(1) through A(3), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; 3 Planning Commission Resolution No. 2008-06 Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. b. DEVELOPMENT REVIEW (1) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); As discussed above in items a. (1) and a.(4), the design and layout of the proposed development is consistent with the General Plan, development standards of the.applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; (3) As discussed above in items a. (1) through a(4), the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; As discussed above in items a. (1) through a.(4), the architectural design of the proposed development is compatible with the characteristics of the surrounding 4 Planning Commission Resolution No. 2008-06 neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; (5) As discussed above in items a. (1) through a. (4), the design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; As discussed above in Items a.(1) through a.(4) and prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Community Services Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (f) through (i) the proposed project will not have a negative affect on property values or in the vicinity. c. WIRELESS FACILITIES (1) Environmental integration. The extent to which the proposed facility blends into the surrounding environment and is architecturally integrated into a concealing structure, taking into consideration alternative sites that are available. The proposed project integrates the antennas onto a functioning field light so as to blend in well with the existing sports field lighting in the park. The proposed design for the park site is the least intrusive on the community values as 5 Planning Commission Resolution No. 2008-06 prescribed by the General Plan and Diamond Bar Development Code. (2) Screening. The extent to which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. (3) Camouflaging is provided by integrating the antennas into a sports field lighting pole support and through constructing an equipment enclosure that is designed to match the existing structures in the park. Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed telecommunication facility components (i.e., the equipment building and field light pole -mounted antenna array) are appropriate in size and scale to their context and setting. (4) Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. (5) The proposed telecommunication facility is approximately 200 feet from the nearest residences. Access. Proposed ingress to and egress from the site of the proposed facility. The proposed project will have access from the park. (6) Location. The location of the proposed facility and the extent to which it conforms to the following in order of preferences - co -location or located at a pre -approved location, attached to existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. The telecommunications antennas are proposed to be attached to sports field lighting already existing in the park. The light pole will be able to accommodate co -location by future wireless telecommunications providers. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 6 Planning Commission Resolution No. 2008-06 a. General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled and referenced herein as Exhibit "A" dated February 12, 2008, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development ReviewNariance shall be subject to period review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (4) When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. b. Planning Division (1) Applicant shall ensure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the antenna array. (3) No additional lighting shall be installed on the wireless antennas or associated equipment. (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 24 hours. In the event that the applicant does not remove all graffiti from the said structure, the city will remove all graffiti and shall be reimbursed for all expenses. (5) The applicant shall submit a check in the amount of $50 payable to the Los Angeles County Recorder's Office, within five days of project approval, for the filing a Notice of Exemption. 7 Planning Commission Resolution No. 2008-06 (6) The applicant must consent to the future co -location of facilities on the light pole and in the equipment building unless technical considerations preclude that co -location. (7) (8) (9) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months Prior to the issuance of any City Permits, a final landscape plan shall be submitted for City's review and approval. (10) To ensure minimal visibility and reduce the chances of graffiti of the equipment building, 5 gallon size shrubs at 3 feet on center is subject to Community Development Department and Community Services Department review and approval. (11) All cables and wiring for the telecommunication facility shall be underground. (12) All material and colors used for the equipment building shall match the existing structures located in Pantera Park. c. Building and Safety Division (1) Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. The Planning Commission shall: (a) (b) Certify to the adoption of this Resolution; and Forthwith transmit a certified copy of this Resolution, by certified mail to: Omnipoint Communications Inc, 3257 E. Guasti Road, Suite 200, Ontario, CA 91761 8 Planning Commission Resolution No. 2008-06 APPROVED AND ADOPTED THIS 12th DAY OF FEBRUARY 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Chairman -I, I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of February 2008, by the following vote: AYES: Commissioners: VC/Torng, Lee, Nolan, Shah, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 9 Conditional Use Permit No. 2007-16 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 SUBJECT: Wireless Telecommunications Facility APPLICANT: Onmipoint Communications Inc. LOCATION: Pantera Park, 738 Pantera Drive Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 10 Planning Commission Resolution No. 2008-06 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008-06, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11 Planning Commission Resolution No. 2008-06 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. :2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2007-16, Development Review No. 2007-37, and Variance No. 2007-08 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. 12 Planning Commission Resolution No. 2008-06 F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and/or construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of- way. 2. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 13 Planning Commission Resolution No. 2008-06 3. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 4. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 5. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. All retaining walls shall be submitted to the Building & Safety Division and Public Work Department for review and approval. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 14 Planning Commission Resolution No. 2008-06 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END 15 Planning Commission Resolution No. 2008-06